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landlord changes his mind after agreement about the end date

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166 views 1 replies latest reply: 10 August 2017
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Tenant

Hello all. I am currently renting a flat managed by the landlord and the contract was for 1 year. I found the flat through an agency and the agency prepared all the paperwork. I gave my 2 months notice as per the contract and I’ve asked the agent if I was able to move out earlier, so instead of the 8th September, I’ve asked if it is possible for me to move out on the 8th August (tomorrow). The agents response “We are advertising for the  8th September, but if someone wants to move in earlier we can speak to the Landlord. He may just want to run the tenancy to the natural end and not have to cope with refunds, etc.”  and ” If the Landlord says you can go in August and then we don’t rent it by then he will have a void period. I’ll have to approach him for you and see what he says?”

Following this my sister met with the agent to hand over a pair of keys and they discussed the tenancy ending. In order to be secured, she put in writing the below:

 

 

Her following email was “The Landlord says he is fine with that, so we will market the property with an end date of 8th August.”

Today, a day before the mutually agreed end date, the agent emails me saying that she had a conversation with the landlord and apparently he misunderstood:

“I’ve just had a conversation with the Landlord after asking him to book the check-out and he says he misunderstood what you were asking of him and that you will have to pay the rent until we find a tenant. I’ll call you and am terribly sorry.

 

We will try and find a tenant as soon as possible, but you will and are contractually bound to pay the rent until someone is found or the tenancy ends.”

 

The email went back and forth with me saying that I have also been advised by my legal advisor that the early termination through exchange of consent by the contractual parties is valid and binding. The landlord has surrendered the tenancy via your confirmation in the email below. She is claiming that the agency is not a contractual party but I understand that since she provided me with a response after having a conversation with the landlord the agency is the landlord’s respresentative.

 

I don’t want to bother you more. My question is what your views on the above and what should I do? the last month’s rent is a standing order for the 9th of each month. Should I cancel the standing order?

 

In addition, I’ve asked a copy of the Rent Deposit scheme from the landlord as he never provided me with one, as I need to review the terms & conditions for the deposit scheme. Are you aware if the Terms & Conditions are equal for all the so I could review them online by any Scheme?

 

 

 

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Tenant

Hello, 

To find your deposit use our new tool – tenancy deposit checker

I would immediately consult a solicitor about my situation. We’re not a legal firm and nobody here is a law practitioner. Since the case is very sensitive and you’re on the edge of having to pay the money, I will not give you an opinion. 

You have a strong argument against the letting agent and they will have a hard time claiming to have not given written confirmation. 

Use our resources to look for a solicitor – http://www.thetenantsvoice.co.uk/your_home/tenant-resources/

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